Elton Gallegly

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, on October 26, 1997, Colombia attempted to conduct nationwide municipal elections despite the deadly impact of guerrilla scare tactics on voter turnout and candidate participation. The municipal elections in Columbia were marred by a brutal campaign of violence, kidnaping, and extortion carried out by the guerrilla movements of the Revolutionary Armed Forces of Colombia [FARC] and the National Liberation Army [ELN]. While the electoral process may have succeeded in the urban areas, the lack of participation in the rural sectors reflects the serious threat to the democratic process posed by the guerrilla war. Through the deadly efforts of the FARC and ELN, 40 political candidates were murdered; over 1,900 candidates were forced to abandon their campaigns; nearly 120 municipalities had candidates reluctantly running; and 11 municipalities had no candidates at all. The situation continued to deteriorate during the week before the elections when FARC and ELN terrorist activities escalated into a national crisis with the kidnaping of international election observers from the OAS and a declaration of an armed strike in order to impede public transportation during the crucial time of the elections. Largely responsible for the escalation of FARC and the ELN activities over the last couple of years is the increase in funding from narcotics trafficking. This has enabled both guerrilla elements to effectively quadruple their power base over the past 7 years so that it is now estimated that they control up to 40 percent of the territory of Colombia. It is clear that the leaders of the FARC and ELN have resisted all overtures by the Government of Colombia to end the violence and establish peace. With nearly 70,000 people dead as a direct result of the guerrilla war in the last decade, it is past time to find a solution to this crisis. As reflected in the recent municipal elections, the campaign of the FARC and ELN now present a direct threat to the very democracy of Colombia and stability to the region. In response to the critical situation in Colombia, I am introducing legislation that would: First, recognize the importance of the threat of the guerrilla movement to Colombia's democracy and that the acts of violence to disrupt the electoral process in the municipal elections could spill over to the congressional and presidential elections to be held in 1998; Second, urge the guerrilla leaders of the FARC and ELN to end the violence and sever their relationship with narcotics traffickers; negotiate a peace accord with the Government of Colombia and to take their agenda into the political arena for debate; Third, call upon the international community, particularly the Organization of American States, to continue to play a more pro-active role in resolving the conflict; and Fourth, urge the administration to reevaluate United States policies toward Colombia taking into account the threat of the guerrilla movement to Colombia's democracy, and to encourage a peaceful resolution of the conflict. Mr. Speaker, Colombia's democracy is one of the oldest and most important democracies in the hemisphere. It is critical for the stability of the hemisphere that this guerrilla movement, like all the others in the region, come to an end. Peace, political stability, and economic prosperity must be given the highest priority for all nations.

Mr. GALLEGLY

Mr. GALLEGLY. I thank the gentleman for yielding me this time. Mr. Speaker, I would like to pay tribute to my friend, Walter Capps. He will be missed not only by those he represented but by those of us who had the opportunity to work with Walter. Walter and I did not always see eye to eye on every issue, but he always remained true to his beliefs and principles. His intense spirituality and dedication to his community and country will always be an inspiration to those of us that had the opportunity to serve with Walter. Our thoughts and prayers go out to Lois, Lisa, Todd, and Laura today. Walter will be missed. Walter was my friend.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Chairman, government bodies may have legitimate reasons for restricting the use of private property, for local zoning, environmental protection and other purposes. Most government agencies use these powers very responsibly. However, sometimes they do not. And when a government body infringes on an individual's rights as guaranteed under the Constitution, that person should have their day in court to defend those rights. That is what this bill is all about, giving property owners their day in court, not on choosing sides in takings. I think the need for this bill is also demonstrated by the broad support we have received here in the House. H.R. 1534 to date has 239 bipartisan cosponsors. Of these, 44 Members happen to be Democrats. The bill specifically states that nothing in H.R. 1534 would change the legal arguments or whether a landowner deserves to be compensated for the loss of economic value of their land. Judges would use the same current standards to evaluate the merits of these cases. However, people would not have to wait for years and years to get those merits considered. The bill applies only in cases in which a Federal claim has been made, not to State cases. The language of the bill makes certain that the Federal courts may continue to abstain their jurisdiction if there is a case pending in a State court arising out of the same operative facts. This provision ensures that H.R. 1534 absolutely does not affect in any way proceedings in the State courts. Circumstances involving other Federal rights or legislation are given a fair chance to be heard in the Federal courts. For example, Federal environmental laws are readily enforced in the Federal courts. First amendment claims against local governments have no trouble getting a hearing in the Federal courts. Only property rights are routinely dismissed or delayed because of abstention or ripeness. Let me give my colleagues one example that illustrates this problem extremely well. Earlier this year the Supreme Court ruled on a case brought by Mrs. Bernadine Suitum. Mrs. Suitum was basically denied 99 percent use of her property, which is in Lake Tahoe, CA. She was told she could not build her retirement home or anything else on her lot. For 8 years, Mrs. Suitum sought to have her request for compensation heard in the Federal courts. However, year after year the Federal judges ruled that her case was not ripe. Only now, after the Supreme Court ruled unanimously in her favor, are the merits of her case being heard. It never should have taken that long. If Mrs. Suitum could not get the merits of her case heard for 8 years, what chance do other property owners have? Few people have the time or money to fight all the way to the Supreme Court to defend their constitutional rights. So this bill is about equal access to justice for the ordinary landowners and property owners of America. Mr. Chairman, it is often said that justice delayed is justice denied. I urge my colleagues to support H.R. 1534 to simplify the process our constituents must navigate to defend their personal property rights and their constitutional rights.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Chairman, I thank my good friend from Massachusetts for yielding. I would like to respond to the gentleman from Michigan [Mr. Conyers], my good friend and neighbor, every mayor I have talked to in my district has signed a letter supporting it, cities over 100,000 people. I have not had one say no.

Mr. GALLEGLY. Mr. Chairman will the gentleman yield?

Mr. GALLEGLY. Mr. Chairman, I stand in strong opposition to this amendment. I would just like to respond to the gentleman from Massachusetts [Mr. Delahunt] and his comments. I am also very pleased to see the number of Democrats we have in strong opposition to the Boehlert amendment. As a former mayor, I could not agree more with those who have argued for local control and decisionmaking. What we are trying to do is to provide some certainty to a process that can otherwise be very open- ended. What the bill now says is that the property owner must take a meaningful application, then if the locality chooses to deny that application, they should explain why in writing. If they do not approve that application, they should explain what type of development they would accept. Mr. Chairman, I ask my colleagues to strongly oppose this amendment. It guts the bill. I hope the Members will join me in helping to preserve the reforms that are intended in this legislation. I rise in opposition to the amendment by the gentleman from New York. Although the gentleman has made a number of positive suggestions about the bill recently, the amendment he is offering today is quite severe. The amendment on the floor today will gut an extremely important part of H.R. 1534. It is very important that we do not lose sight of the central point of this bill: Federal Constitutional property rights do not empower Federal judges to make land use decisions. H.R. 1534 would not empower Federal judges to decide whether a certain piece of land should be used for a grocery store or for a hair salon. Local governments will continue to have their traditional powers to make and enforce zoning regulations. Some of the people who are screaming the loudest about local control of all land-use decisions have also been big supporters of having Federal environmental laws micromanage how land is used. Federal endangered species protections certainly interfere with how land is used. No locality can regulate land use in a way that does not comply with Federal wetlands protections. There are probably many other environmental laws, enforceable in Federal court, that directly impact local governments or lands use decisions. H.R. 1534 provides ample opportunity for the local process to work so that appropriate zoning and land use regulation can proceed. What we are trying to do is provide some certainty to a process that can be otherwise very open-ended. What the bill now says, is that the property owner must make a meaningful application. Then, if the locality chooses to deny that application they should explain why, in writing. If they will not approve the application, they should explain what type of development they would accept. Taking into account this information, the landowner must reapply. If that application is not approved, then he or she must appeal the decision or seek a waiver. As a former mayor, I could not agree more with those who have argued for local control and decision-making. I might also note that many of the cosponsors of H.R. 1534 bring to this debate extensive knowledge of State and local government--133 of the members supporting the bill previously served as mayors, city council members, or State legislators. They bring to this debate a very practical understanding of what is at stake, and they support this legislation. The question before us today is whether Americans should have reasonable access to the Federal courts to enforce Federal rights. I hope the Members of the House will support H.R. 1534 to provide legal protections that are fair and effective.

Mr. GALLEGLY. Mr. Chairman, I thank the gentleman for yielding. Mr. Chairman, I join with my colleague, the chairman of the subcommittee, after having reviewed the amendment, and stand in strong support of the amendment offered by the gentleman from Ohio [Mr. Traficant]. I think it adds to the bill.

Mr. GALLEGLY. Mr. Chairman, will the gentleman yield?

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, like millions of Americans around the country, I am still reeling from the Internal Revenue Service hearings a few weeks ago. Not all that was brought to light was very surprising. Anyone who has ever had to deal with the IRS knows just getting a phone call answered is comparable to climbing K-2. But when confirmation of the agency's abusive practices and mismanagement turned to outright disregard for the law, I was not only outraged, but began to see striking similarities with another very political Federal agency, the Immigration and Naturalization Service. In 1996, the Department of Justice Inspector General's Office found that high ranking INS officials had lied to Congress, instructed others to do the same and obstructed the subsequent investigation. The events leading to the investigation occurred during a congressional fact finding visit to the Krome Detention Facility in Miami. Several individuals were eventually disciplined, however some received promotions during the investigation. And while the disciplinary recommendations from the inspector general ranged from demotion and suspension to termination, to date, almost all have been reinstated or reassigned and not one was terminated. Mr. Speaker, the IRS hearings and the Krome case illustrate a disturbing pattern for this administration. Wrong doing is not only tolerated but encouraged and rewarded. The IRS now has the opportunity to do the right thing. Learn from the errors of another agency, put politics aside, identify those responsible and administer the fair hand of justice. This is a simple first step in restoring the confidence of the American people in their government.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I would like to pay a special tribute to the 50th anniversary of the U.S. Air Force and the Air National Guard, especially the 146th Airlift Wing based in my California congressional district. The 146th is California's largest Air National Guard unit and has been recognized by both the Air Force Association and the National Guard Association of the United States as the best flying unit in the Air National Guard. These prestigious awards have not come easily. During World War II, as part of the 115th Observation Squadron, the wing fought in various combat theaters around the world, displaying courage in battles in the Pacific, Europe and China-Burma-India theaters. The 146th distinguished itself during the 1950's in the Korean war, and in the 1960's Southeast Asia conflict flying a variety of combat air support missions. Since 1970, the wing's C-130 aircraft have traveled to all corners of the world, airlifting troops, passengers, and cargo during training missions, exercise deployments, and real- world military operations. In 1992, the wing received its third Air Force Outstanding Unit Award. The 146th was praised for extraordinary service to the Nation, State, and local communities during hostilities in Panama and in the Persian Gulf, and in peacetime humanitarian airlifts and aerial fire fighting. Mr. Speaker, while the mission and accomplishments of the 146th Airlift Wing are truly commendable, their true strength lies in the men and women who comprise the wing. I am pleased to pay tribute to them today and congratulate them on 50 years of service to our Nation, State, and community.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, on Monday, September 15, five of the nations of Central America will celebrate their respective independence days. As chairman of the Western Hemisphere Subcommittee, I want to congratulate the nations of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua on the occasion of this day and to call to the attention of the Members of the House the great progress which the region as a whole has made toward peace, stability, and democracy. The historic signing of the Guatemala Peace Accords last December 29 ushered in a period in which for the first time in almost 40 years, the entire Central American region is at peace. Even more significant is the fact that democracy is taking hold as evidenced by the fact that every current government in the region has been elected in what have been determined to be free and fair elections by both domestic and international observers. The economies of these nations seem to be making solid progress as growth, albeit slow, is being achieved through a combination of liberalization, modernization, and privatization. Further, it would appear that in general, an awareness and respect for human rights is on the increase and that the militaries of several of these nations are accepting their new roles under civilian leadership. Nowhere are these last two issues more evident than in Guatemala. A recent subcommittee staff visit there found very encouraging signs that the peace process is taking hold thanks to the total commitment of President Arzu and the representatives of the URNG. And, the Guatemalan Congress is about to begin a historic debate on amending their Constitution to accommodate the political and economic reforms mandated by the accords. In the 9 months since the peace accords were signed, more than 3,000 former URNG combatants have been reintegrated into Guatemalan society. A Historical Clarification Commission has begun looking into 36 years of human rights abuses and atrocities committed against the general populace during the conflict years. And, the U.N. Verification Mission, MINUGUA, has stepped up its work in helping to strengthen organizations dealing with human rights issues. The significant U.S. financial commitment to this process as well as to programs we are funding in Nicaragua and El Salvador are clearly helping make these efforts successful. This is not to say that there are not problems. Drug use and crime seem to be on the increase everywhere and nagging problems of poverty, unemployment, illiteracy, and infant mortality persist. But on the whole, Central America has moved beyond the crisis period of the past 15 years and has given us great cause for optimism. So, Mr. Speaker, on the occasion of the celebration of the independence of these nations, I want to congratulate each of these nations for the progress they are making and to express my hope that they continue on this impressive path.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I would like to recognize Doris and Ken Rufener on being named Civitas Award Winners for 29 years of outstanding service to their community. The coveted Civitas Award is presented by the Conejo/Las Virgenes future foundation to those unselfish citizens working together to achieve community goals. This prestigious award has been given only 10 times in 20 years and it is only fitting that it should go to Doris and Ken Rufener. The work they have done extends far beyond the boundaries of employment, albeit both Doris and Ken have served our Nation in the U.S. Air Force. For some, that would be enough public service, but not for Ken and Doris. Each of them has dedicated their life to a variety of service organizations. Doris serves as a deaconess at her church, volunteers at a local psychiatric hospital, has received the Patriotic Citizen of the Year Award from the Conejo Valley Chapter of Military Order of World Wars and has served as president and board member for a host of other organizations. Ken has served as mayor and council member of the city of Westlake Village. He is actively involved in his church, has served as a board member of the American Heart Association and founding member of the Westlake Athletic Association. And, the list goes on. Mr. Speaker, Doris and Ken Rufener stand as shining examples of the difference two people can make in the lives of many. I would like to extend my sincere congratulations to Doris and Ken on having been named Civitas Award winners and thank them for their work in our community.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Chairman, unfortunately on rollcall 336, I did not verify the electronic vote. It was my intention to vote ``no'' on the Obey amendment as a strong supporter of the B-2 and I either inadvertently or incorrectly voted ``yes.'' personal explanation

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I am an original cosponsor of United States-Puerto Rico Political Status Act, chairman of the subcommittee which had original jurisdiction over this legislation, and an advocate of English as the official language of the United States. In this capacity I want to clarify statements which are being circulated outside of and within Congress based on incorrect and outdated information that contradicts the English language provisions of the legislation as recently amended. This remarkable bill sponsored by Resources Committee Chairman Bill Young, Speaker, Newt Gingrich, Resident Commissioner Carlos Romero- Barcelo of Puerto Rico, and some 90 others, provides a three-stage self-determination process to resolve the United States century-old political status problem with Puerto Rico by the year 2010. The United States citizens of Puerto Rico and all U.S. taxpayers deserve no less. Since the United States-Puerto Rico Political Status Act was first introduced in the 104th Congress, extensive English language provisions and requirements have been added to build upon the 100-year tradition of English as an official language of Puerto Rico. The new and amended English language provisions are directed at the existing status of the Commonwealth of Puerto Rico as a territory under United States sovereignty, and alternatively, the transition of Puerto Rico to a State, depending on the outcome of the legislation's congressionally authorized referenda. Thus, the United States-Puerto Rico Political Status Act, H.R. 856, provides an informed self-determination process for the United States citizens of Puerto Rico and clearly addresses the language issue from several vantage points, without violating constitutional limits affecting the people and State government. The language provisions of the bill as amended and approved with virtual unanimity by the Committee on Resources on May 21, 1997, follows: English Language Provisions in H.R. 856, the United States-Puerto Rico Political Status Act Language Policy [Section 3(b)]-- ``English shall be the common language of mutual understanding in the United States, and shall apply in all of the States duly and freely admitted to the Union.'' ``The Congress recognizes that at the present time, Spanish and English are the joint official languages of Puerto Rico, and have been for nearly 100 years.'' ``English is the official language of Federal courts in Puerto Rico.'' ``The ability to speak English is a requirement for Federal jury service.'' ``Congress has the authority to expand existing English language requirements in the Commonwealth of Puerto Rico.'' ``In the event that the referenda held under this Act result in approval of sovereignty leading to Statehood, English language requirements of the Federal Government shall apply in Puerto Rico to the same extent as Federal law requires throughout the United States.'' Statehood Ballot Definition [Section 4(a)(C)(7)]-- ``English is the official language of business and communication in Federal courts and Federal agencies as made applicable by Federal law to every other State, and ``Puerto Rico is enabled to expand and build upon existing law establishing English as an official language of the State government, courts, and agencies.'' Transition Plan [Section 4(b)(C)(i)]-- ``In the event of a vote in favor of Statehood, the president shall include in the transition plan proposals and incentives to: ``Increase the opportunities of the people of Puerto Rico to learn to speak, read, write, and understand English fully, including but not limited to, the teaching of English in public schools, fellowships, and scholarships.'' ``The transition plan should promote the usage of English by the United States citizens of Puerto Rico, in order to best allow for-- ``The enhancement of the century old practice of English as an official language of Puerto Rico, ``The use of language skills necessary to contribute most effectively to the Nation in all aspects, including but not limited to Hemispheric trade, ``The promotion of efficiency and fairness to all people in the conduct of the Federal and State government's official business; and ``The ability of all citizens to take full advantage of the economical, educational, and occupational opportunities through full integration with the United States.''

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Chairman, I want to express my support of H.R. 1853, the Carl D. Perkins Vocational-Technical Education Act Amendments of 1997. Seventy-five percent of American youth do not complete a 4- year college degree. Vocational-technical education programs ensure that the necessary training and a high quality education is available to those individuals. Our society is increasingly reliant on workers who have technological skills and advanced training, making the support of these programs critical to our economy. I am especially pleased that this legislation ensures that States, localities, and parents have maximum control over decisions affecting these programs and students--and makes certain that 90 percent of each State allocation goes to local districts. By helping young people to acquire these necessary skills, we are improving the opportunities available for our youth and helping our businesses to compete in the technologically advanced, global economy.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, today I would like to pay tribute to an extraordinary group of people dedicated to an honorable cause, our veterans. Each year for the past 5 years, Stand Down, a comprehensive program designed to help homeless veterans reenter mainstream society, offers a 3-day program to provide the services necessary to help veterans achieve this assimilation. This year, Stand Down '97 will be held July 25-27 in Ventura, CA. Stand Down provides a wide range of services to homeless veterans including medical and legal assistance, employment counseling, mental health services, financial counseling, personal hygiene, substance abuse counseling, AIDS stress and information on exposure to agent orange. The veterans also receive donated shoes, clothing, shelter, food and are treated to performances by the USO. Since the program began in 1993, over 700 veterans have been assisted in Ventura County through the tireless efforts of volunteers and the executive committee. I would like to take the opportunity to commend the organizers of this program. They are: Clair Hope, Sharon Dwyer, Judge John Dobroth, Jim Grunnert, Jean Farley, Mary Fielder, Todd Howeth, Dwayne Dammeyer, J. Rogers Myers, Kevin Sheahan, Kathy Swaim, Bob Reeves, Rick Brandeberg, Stephen K. Davis, Robert Guillen, Hal Nachenberg, Dr. Philip Loring, Patricia Knight, Evelyn Burge, Betty Zamost, Patrick Zarate, Colleen Kelly, Joseph Narkevitz, Robert Reed, Aubrey Towler, Mike McKelroy, Earl Dunavan, Volney Dunavan, Dr. Bob Delzell, Bill Schmidt, Mike Silkwood, Bob Adams, Dr. Cal Farmer, Jeannette Villanueva-Walker, Sonja Musgrove, Madeline Lee, Sue Duffy, Charles Lowrance, Marie Williams, Nancy Joseph, Gene Ogden, and Francisco Gamboa. I offer my sincere thanks and congratulations to each of the volunteers and executive committee members. Their commitment to our veterans is a tremendous contribution to our community and a much needed helping hand to our veterans.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I am pleased to be a strong supporter of H.R. 1847, the Telemarketing Fraud Prevention Act. The FBI estimates that telemarketing scams, such as schemes involving bogus charities, fake gem stones and deceptive travel promotions cost consumers as much as $40 billion annually. Often these fraudulent schemes target those who are least able to defend themselves, including senior citizens, many of whom live by themselves. The callers, through the use of deception, threats, or outright lies, are able to convince many elderly Americans to part with hundreds or thousands of dollars to companies who promise spectacular profits or outstanding deals. The Telemarketing Fraud Prevention Act takes dead aim at those who prey on seniors and other unsuspecting consumers. H.R. 1847 increases Federal criminal penalties for persons convicted of committing fraud through the telephone. This legislation directs the U.S. Sentencing Commission to increase the sentencing levels for all telemarketing fraud, with the greatest increase in sentences for those who target those over 55 years of age. H.R. 1847 also requires monetary restitution to victims through the use of proceeds from persons or groups convicted under the statute. Mr. Speaker, it is time that our Nation gets tough with criminals who use the telephone to steal from American consumers. And, it is time we get tough against con artists who prey on vulnerable senior citizens.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, 2 days ago, the United States and all the nations of the Americas witnessed one of the most dramatic expressions of democracy ever held in this hemisphere in modern times. The recent national elections in Mexico represented the clearest sign yet that the principles of democracy, freedom of expression, and the turn to true multiparty representation has taken a strong hold in the hemisphere and promises to serve as a model for the rest of the Americas. The people of Mexico should be very proud of themselves for effecting what was apparently the fairest and freest election in Mexican history. The people of Mexico should also be proud of the government of President Ernesto Zedillo, who despite the fact that the voters threw his party into serious election defeat, was bold enough to initiate and to enact the significant election law reforms which resulted in these elections being so transparent. The people of Mexico should be congratulated for overcoming what surely was a healthy amount of skepticism of the reforms and for going to the polls to express their will in support of change for truly representative government. Without their faith, their cooperation, and their participation, the changes proposed by President Zedillo would not have mattered. The political parties of Mexico and their successful candidates should also be commended for their participation and for conducting such clean and apparently corruption-free campaigns. Through these elections, Mexico has truly turned the corner and has seriously committed itself to real democracy. Now, however, comes the hard part. Can the PRI accept the will of the people and relinquish some of the decisionmaking authority it has so long held. Can the Chamber of Deputies work together to forge coalitions to fashion policies which will benefit all of the people of Mexico. Can the Zedillo government work with the Chamber to provide economic growth and social justice. Can the PAN governors of some of Mexico's wealthiest states work with the Federal Government for a greater Mexico. Can the PDR mayor-elect of Mexico City work cooperatively with the Federal Government to govern an unruly city which needs help in so many facets of everyday life. Whatever the outcomes of these questions, there can be no doubt that what happened on July 6 was a tremendous boost to democracy not only in Mexico but throughout all of the Americas. As chairman of the Western Hemisphere Subcommittee, I want to offer my congratulations to the government of President Zedillo, to all of the successful candidates, and most especially to the people of Mexico for making this election a benchmark in Mexican history and a shining example of how democracy should work for the rest of the hemisphere.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I am pleased to report two good news stores related to the quality of life in my district in southern California. The first, relates to statistics compiled by the U.S. Department of Justice which concludes that Ventura County, CA is one of the safest areas to live in the United States. According to the FBI, the county recorded its lowest crime rate in 23 years with a 14.5 percent reduction in the number of crimes for each 1,000 people. The county Sheriff's department and the Ventura police department report that the 1996 crime rate was the lowest since the early 1970's. The Sheriff's Chief Deputy Bob Brooks recently stated that, ``not only has the rate decreased, but the number of crimes reported has also dropped--even as the population almost doubled in the past two decades.'' Our second story involves my own hometown of Simi Valley. According to officials in the city of Simi Valley, its 1996 crime rate was low enough to again rank it as the safest city with a population of over 100,000 in California and possibly the safest city of that size in the United States. This success story involving Simi Valley, which has consistently had one of the lowest crime rates in the Nation, is due in large part to the hard work of the members of the city council and the commitment and dedication of Police Chief Randy Adams and the members of his department. This welcome news was reported by the Nation's law enforcement agencies during the first 6 months of 1996 and released by the FBI in accordance with the Preliminary Uniform Crime Reporting Program. These statistics demonstrate the commendable job the Ventura County and Simi Valley law enforcement officers are doing to protect our community and its citizens. Murder, rape, robbery, and aggravated assault have no place in a civilized society and will not be tolerated, especially in Ventura County and its municipalities. The efforts of our uniformed men and women and concerned members of our community have once again shown that we can be safe and secure in our homes and neighborhoods. While the statistics are promising, we must continue to work to prevent crime, punish habitual offenders, and ensure that victims receive adequate restitution. There is still much to do to maintain this trend of decreasing crime rates. However, this report demonstrates that capable police officers, tough sentencing, positive outreach programs, and people who care have made a tremendous difference and will continue to be effective in the future. The Ventura County and Simi Valley experiences serve as nationwide models of competent law enforcement and a committed citizenry. I applaud those individuals who personally risk their lives to provide us with a safe community and congratulate them on a job well done.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I would like to recognize Ambassador Robert Nesen for his numerous contributions to the State of California and his country. In 1942, Mr. Nesen was commissioned in the U.S. Navy, receiving his Navy wings in 1943. He was on active duty until 1946 and after spending 22 years in the Naval Reserve, retired as lieutenant commander in 1967. In 1972, he was awarded the Navy Distinguished Public Service Award, the highest civilian award given by the U.S. Navy. In 1948, he began his own automobile dealership and continues to be active in that industry. He has served as director and past president of the Motor Car Dealers Association of southern California and in 1991 was inducted into the Automotive Hall of Fame. Ambassador Nesen has been active in both local and national politics. In 1970, President Nixon appointed Mr. Nesen to the National Reserve Board, East-West Center and in 1972 he was appointed Assistant Secretary of the Navy. In 1981, President Reagan appointed Mr. Nesen Ambassador to Australia and Nauru. He remained in that position until his return to the United States in 1985. Throughout his distinguished career, Ambassador Nesen has earned the respect of many. He was named ``Patriotic Citizen of the Year,'' receiving the Patrick Henry Patriotism Medallion by the Military Order of World Wars. In 1991, he was given the Path to Dignity Award by the American Parkinson Disease Foundation. And, in 1994 he received the World Citizen Award from the World Affairs Council of Ventura County. The award was presented by Vice President Dan Quayle. Ambassador Nesen is a model for us all. His unwavering patriotism and dedication to duty are truly an inspiration. I am proud to pay tribute to him today.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I would like to recognize Dr. Frank Witman and his wife Elsie for 28 years of outstanding service to the United Methodist Church and the community of Simi Valley, CA. Dr. Witman, along with his wife Elsie, have dedicated their lives to helping others. Ordained in the United Methodist Church in 1957, Dr. Witman served in several congregations before being appointed pastor in charge of the Simi Valley United Methodist Church in 1969. His involvement in the community extends beyond the doors of the church. He has been actively involved in Rotary International for over 35 years and has achieved a perfect attendance record. Dr. Witman has been a police chaplain with the Simi Valley Police Department since 1978 and a volunteer chaplain at the Simi Valley Hospital and Care Services since 1983. In 1992, Dr. Witman began to coteach a weeklong church administration and finance class for students and pastors at the Claremont School of Theology. In addition to his practical experience, Dr. Witman was uniquely qualified to teach the course because of his role as both a member of the board of directors for the United Methodist Federal Credit Union and eventually as its chairman. After his wife of 44 years, Dr. Witman's second love is his local church. He has served his church and community tirelessly for 28 years. He is an inspiration to all and I wish he and his wife much happiness in their retirement.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I rise today in support of H.R. 173, legislation I introduced to address the unique situation encountered when Federal law enforcement canines are no longer able to perform the duties for which they were trained. Essentially, this bill streamlines the adoption of Federal law enforcement canines by handlers and allows for a more humane end to the canine's career. As my colleagues know, these trained dogs are considered Federal property, but when their service comes to an end, they are declared surplus property. Under GSA regulations to dispose of Federal property, agencies must follow certain procedures that ensure the maximum amount competition for the purchase of such property. In many cases, such as the Border Patrol, Park Police, Customs, and Secret Service, this surplus property is a canine that has served alongside officers enforcing our laws. Because of their unique role, many of these animals have had protection training, which could make them a danger to public safety if they are handled by someone who had not been trained in this capacity. As a result, these canines should not simply be sold to the highest bidder at an auction to be taken home as a family pet. Unfortunately, if no appropriate trained handler comes forward to bid on the property, there is a possibility that this dog would be caged or even in some cases destroyed. This is hardly humane, a hardly humane treatment of an animal that has spent its life protecting Americans and upholding our laws. According to the CRS research, there are over 500 canines in service of the Federal Government. H.R. 173 would allow the surplus canines to be donated to their handlers, who would thereby assume all the costs and responsibilities related to the care of that animal. This is a simple solution to a unique problem that confronts our Federal law enforcement canine units. H.R. 173 removes the hoops agencies must jump through to place a canine that has served our country with a handler and a nurturing home. Mr. Speaker, I want to thank the gentleman from California [Mr. Horn] and the gentleman from Indiana [Mr. Burton] and the committee's action on this bill, and I urge my colleagues to support H.R. 173 to ease the adoption of Federal law enforcement canines.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I would like to commemorate the week of April 14 through April 20 as ``Childhood Cancer Awareness Week'' in Ventura County, CA. Through the unwavering dedication of Steven Firestein and the American Cancer Fund for Children, which he founded, the lives of countless children suffering from cancer have been touched. This organization has brought the issue of childhood cancer in the United States to the forefront and heightened community involvement in social services to families in need. Each year, approximately 10,000 children in the United States are diagnosed with cancer, the leading cause of death by disease among children in this country. Incited to action by these staggering numbers, the American Cancer Fund for Children has not only worked to heighten awareness, but to provide financial assistance for medical procedures, food, clothing, transportation, prosthetic devices and social service programs to young people in treatment at hospitals throughout Los Angeles County and serving residents of Ventura County. The American Cancer Fund for Children has accepted the challenge of meeting the demand for patient and family services to help promote the chances of survival. These services provide a variety of patient psycho-social services designed to foster self-esteem, encourage peer interaction, and develop special patient communication. I would especially like to thank Steven Firestein who, out of the death of his friend, began his mission to improve the lives of other children stricken with cancer. From this personal tragedy rose an array of services and programs to assist childhood victims of cancer. Mr. Speaker, I ask all of my colleagues to join me in recognizing the outstanding efforts of the American Cancer Fund for Children in conjunction with Ventura County during Childhood Cancer Awareness Week.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, I would like to pay tribute to the Devil Pups, an outstanding program that has served Ventura County and California for over 40 years. The Devil Pups Program was started in 1954 with the objective of developing the qualities of good citizenship, self-control, confidence, personal discipline, teamwork, respect for family and country in young men 14 through 17 years of age. Through interaction with Marine Corps leaders and observation of Marine training, Devil Pups instill a greater sense of pride and personal accomplishment in each of the program's graduates. As one of the first Devil Pup recruits in 1958, I can personally speak of its merits. I began the program a young boy and emerged a young man. We trained like Marines and we felt like Marines--except we occasionally had access to water while the Marines carried canteens. Devil Pups gain insight into the principles on which our Nation was founded and thus enhance their pride of country and its flag. During their 10 days at camp, Devil Pups learn first aid, physical conditioning, attend educational lectures on the dangers of drug and alcohol abuse, and much more. In this time of reliance on Government Expenditure, the Devil Pups are unique. The program is financed entirely by donations from charitable foundations, business corporations, and individuals. They do not accept nor solicit grants from the Federal Government. And, more importantly, there is no cost to the pup or his family. The Devil Pups and the fine volunteers who operate the program are models for our community and our youth. I wish each of them many more successes.

Mr. GALLEGLY

Mr. GALLEGLY. Mr. Speaker, as chairman of the Western Hemisphere Subcommittee I directed my subcommittee staff director to travel to Haiti during the recent district work period to observe first hand the political, economic, and social situation in that country. As the House knows, the United States, in partnership with the international community, is trying to help that nation recover from years of dictatorial rule, domestic intimidation, murders and political harassment, human rights abuses, and economic chaos. For a little over a year now, the government of President Preval has been trying to make progress on many fronts from democratization to the restoration of law and order to economic development and open markets. His efforts are daunting. And while well intentioned and pointed in the right direction, his initiatives have not progressed very far and in many instances are being opposed by forces within that country who do not want him to succeed. The United States has committed to help Haiti in this reconstruction effort. We all knew this would not be easy and would not happen over night. The staff's observations bear that fact out. I am submitting a summary of their observations for the Record. A more detailed report has been submitted to the International Relations Committee and is available from the Western Hemisphere Subcommittee for the Members. Memorandum--April 7, 1997 To: Chairman, Western Hemisphere Subcommittee; and Ranking Member, Western Hemisphere Subcommittee From: Vince Morelli, Subcommittee Staff Director; David Adams, Subcommittee Democratic Professional Staff; and Denis McDonough, Full Committee Democratic Professional Staff Re: Report of STAFFDEL to Haiti During the period March 24 through March 26 we visited the Republic of Haiti as part of the Committee's oversight responsibilities for the Hemisphere. The purpose of the STAFFDEL was to gain a first-hand account of the political and socio-economic situation in country and the progress to date on the reconstruction of the nation. The STAFFDEL was hosted by U.S. Embassy, Port Au Prince, which is headed by Ambassador William Swing. During our visit, which included meetings with Haitian government, U.S. State, A.I.D., and Department of Justice representatives, Haitian business sector and the international donor community, STAFFDEL had the extraordinary opportunity to spend one hour with Haitian President Rene Preval to discuss the state of affairs in his country. general observations Although our time-in-country was limited, it became obvious to STAFFDEL that the challenges facing the Government of Haiti (GOH) are enormous. Progress to date on some fronts has, at best, been steady if slow and almost negligible on others. The reconstruction of Haiti into a viable democracy with strong institutions and a commitment to the rule of law is progressing and can be achieved within the next few years, but a vibrant, self-sustaining economy may not be achievable in the short-term, even with the privatization goals under discussion at this time. In any event, the ability of the GOH to achieve even a modest amount of success in the short-term will largely be dependent on continued political stability, a steady pace of reform by the government and a continued commitment of financial and technical assistance from the international community, including the United States. STAFFDEL was encouraged by President Preval's continued commitment to rebuild Haiti in accordance with the economic plan he presented upon his inauguration despite the many challenges he has had to confront, including on-going political unrest, the occasional outburst of crime and lawlessness, differing levels of commitment among some of his own Ministers, the lack of adequately trained human resources and the March 26 attempt to force a vote of no-confidence against his Prime Minister, Mr. Rosny Smarth. STAFFDEL would also make the following specific observations. Democracy and civic participation Although not fully understood or appreciated by many Haitians, the democratization of the country, while still fragile, seems to be taking hold. Over the past two years, Haitians have gone to the polls five times and will vote again on April 6. In general, Haitians equate democracy with the freedom to speak on any subject and to openly criticize the government, a new found experience which many have taken full advantage of. Events such as the March 26 debate in the Parliament over the state of affairs in Haiti, in reaction to a call for a vote of ``no confidence'' against the Prime Minister, was unprecedented. However, many in the country blame the democratization process for the rise in crime and violence and the inability of the government to create jobs. And, the government does not appear to be doing an adequate job educating the general population as to how they can effectively participate in the process. Civic education is very low and the lack of political participation, overshadowed by other concerns, is reflected in things such as low voter turnout and politicians with little political base. While STAFFDEL was in Haiti, final preparations were being made for the Senatorial (9 seats) and local assembly elections. These elections were scheduled for April 6. Representatives from the International Republican Institute (IRI) and the National Democratic Institute (NDI) who are monitoring the elections believed that these elections would be competitive only in a limited way since some parties were boycotting them and because many voters were simply disinterested in yet another election which they saw as meaning little for their current situation. However, observers were concerned about the low level of interest in the elections and, particularly, that these would be the first elections where security would not be provided by the international community. As a result there were no security arrangements in place as of our visit. Interlocutors noted that while there had been no outright political violence they described ``gun play'' and ``burning tires'' as intimidating events and feared that the lack of security would simply cause people to stay home. Addendum: the April 6 elections were held, apparently without serious incident, or voter participation. It would appear that on average only about 15% of the voting population went to the polls. This was disappointing but not totally unexpected. Government The government, as defined through the personality of President Preval still seems to enjoy the support of the majority of Haitians. The President seems sincerely committed to rebuilding Haiti through tough economic reform programs, including privatization, civil service reform, and law and order. Other parts of the government, however, seem to function at various levels of commitment and competence. While some Ministers are considered supporters of former President Aristide and do not entirely subscribe to the current government's direction, others are doing their best with little resources and a dearth of experienced technical managers. This has resulted in little progress in areas such as civil service downsizing and infrastructure development. Parliament on the other hand seems to get mixed reviews primarily because the concept of a deliberative legislative body, sharing the decision-making power of governing, is so new. The legislators we met seemed to be committed to the task of rebuilding the country and enthusiastic about their role, even if they seemed somewhat unsure of their actual level of authority. However, divisions within the Lavalas political organization, namely between the pro-Preval and pro-Aristide wings which dominate the Parliament, has resulted in a period of legislative paralysis especially with respect to key issues such as passing a budget which is seven months overdue and reconciling two different versions of civil service reform. The April 6 elections could be good news for former President Aristide and bad news for President Preval. Senators elected under the Lavalas Family banner could well control the legislature and could prevent serious reforms from taking place. law and order Violence remains a serious and recurring problem. However, most of this seems perpetrated largely by rival gangs seeking dominance in an area or as a result of political infighting largely among the various factions of the Lavalas political movement. Despite the occasional acts of violence, the establishment of public security seems to be on the right track. This growing sense of law and order has been due in large part to the slowly emerging professionalism of the Haitian National Police (HNP). Just over one year old, the HNP has been getting better at its job of policing despite the fact that their training is minimal and that they lack adequate equipment such as armament, communications and transportation. Weaknesses still exist in the area of mid- level management and investigative techniques. Overall, however, the commitment of Secretary of State for State Security, Robert Manuel and HNP Director General, Pierre Denize, to build a truly professional policy force was encouraging. Complicating the law and order process is the simple fact that a professional and capable justice system simply does not exist. What there is is inefficient and often corrupt. Training programs for judges, lawyers, and courts are underway supported by the U.S. Department of Justice. But a smooth running, competent system is years away. Until then, the efforts of the police to investigate crimes and put criminals away will be severely undermined. An even bigger test of the security system could come as early as July when the United Nations mandate expires. If the U.N. security force, which today numbers 1,300 uniformed troops, is withdrawn, the HNP could be strained to its limits. In our discussions with various officials, it became clear that the U.N. security presence should be retained in Haiti until at least the end of July, if not longer, in order to give the HNP more time to prepare. Economy In general, the Haitian economy is in a state of shambles. On the positive side, the economy is showing some progress in that inflation is being brought under control, the local currency, the gourde, is being stabilized and budget expenditures are being tightened. On the other hand, jobs are not being created and important infrastructure improvements in roads, electricity and the port are at a standstill. In some cases, such as in the privatization of the major utilities and the seaport, political opposition by the anti- economic reformers and the anticipated job loss among the civil service, provide the major impediment. In cases such as road construction and improvement, the lack of qualified government contract managers and skilled contractors, not money, is the problem. With few exceptions, the Haitian private sector has been reluctant to invest within the country because of their uncertainty over the long-term political stability of the government and its commitment to reform. The international investment community is waiting to see the results of the first wave of privatization as well as the commitment of the Haitian private sector. The international lending community is prepared to provide some $1.5 billion in assistance if the Haitian government continues to initiate political and economic reforms in a timely manner. While STAFFDEL agreed that privatization was an important barometer of the GOH commitment to economic reform, the importance of this process and the timetable for its accomplishment may be over emphasized. Privatizing closed facilities such as the flour mill and cement factory, while important symbolically, at best would create only a few jobs. The more important facilities such as the telephone and electric companies will take much longer to accomplish for a whole variety of reasons including the fear of foreign ownership of Haiti's important assets since the Haitian private sector is not likely to be able to raise the necessary capital to buy these operations. While this process must be encouraged to proceed as expeditiously as possible, it will not solve Haiti's economic problems and cannot be done overnight as some have suggested. Even the goal of March 1998 for the privatization of all nine public enterprises, given where they are now, seems ambitious. In the interim, there are some more visible reforms which could be achieved which would reaffirm the government's commitment and which would bring revenues into the treasury. Most important of these would be reforms at the port, and especially of the customs department. Loss of revenue among imports of basic staples such as rice and cooking oil are well known. Smuggling of these commodities is growing, representing a significant loss of revenue for the GOH. It would not take must effort to address this problem through measures ranging from ``shiprider'' agreements with the U.S. Coast Guard to more strict enforcement of cargo reporting and accounting, to a more effective, corruption-free, collection of duties. Outlook Despite the recent spate of unrest and violence, which appears to be somewhat over dramatized in the press, it was STAFFDEL's assessment that Haiti was heading in the right direction, if slowly. Although Ambassador Swing likes to say that ``everything in Haiti is broken'', the most severe problem facing President Preval, and the most difficult to address is the inability of the economy to create jobs. This alone is the issue which creates the climate of unrest. To do this, however, the domestic private sector and the international investment community have to be convinced that they can turn a profitable business while operating in a safe environment. The law and order issue is being addressed as fast as it can by producing a professional police force. However, not every crime will be solved on a timely basis nor will every criminal be put in jail until enough well trained policemen are put on the beat and until a more responsive judicial system comes on line. Civil service reform legislation has been passed but not yet enacted so the government's plan to downsize will continue slowly. But until economic reforms take hold, as symbolized by the privatization effort, large private sector jobs programs will not be forthcoming. Privatization of the flour mill, cement factory and airport could be accomplished by the end of the summer but none of these will produce large numbers of new jobs. And even though government officials like to point out that the majority of the Haitian people would not care who owned or operated these companies as long as they had electricity and could make a phone call anytime, there is enough political opposition, opposition which President Preval seems unable or unwilling to overcome, to make this a slow process. Finally, there is the ``Aristide'' factor. Although the former President has not come out forcefully in opposition to the current direction of the government being promoted by President Preval, Aristide's former Prime Minister, there is speculation that Aristide is working behind the scenes to sabotage the more ambitious plans of the government. It is known that Aristide is contemplating a political comeback by running for President in five years when Preval's term expires. So as not to lose public support as Haiti moves forward toward reconstruction, many believe that Aristide is encouraging the gang violence in the urban centers, especially in the Cite Soleil section where a strong base of his support is located. Many also believe he is orchestrating the political violence among the factions of the Lavalas political movement and it is well known that he is opposed to privatization and has advised his followers in the government, now stronger as a result of the recent elections, to deliberately drag their feet on these reforms. The question of Aristide's influence and the kinds of force he can bring to bear on the direction of the country is still a matter of debate. But the fact that President Preval, knowing who among his own Ministers oppose his policies, is moving slowly with respect to their removal and replacement, is an acknowledgment that Aristide's power is respected. Similarly, certain members of the Parliament, unsure of the future political landscape, display a reluctance to be more aggressive toward reform. STAFFDEL concluded that President Preval has chartered the right course for Haiti even if, at times, he seems to be somewhat reluctant to make all the necessary moves to traverse that course with all speed. The rebuilding of Haiti into a viable democracy with a strong rule of law and a vibrant economy will not be easy and certainly will take time. However, if the economy does not show signs of expanding, political unrest will rise. This slow pace could lead to a new wave of violence designed to undermine confidence in the Preval government and its policies. Any major law and order problem will have negative consequences for Haiti's stability and could throw Haiti back into a period of paralysis, upheaval and possible anarchy. Lastly, we would be remiss if we failed to acknowledge the hospitality, hard work and cooperation of the U.S. Embassy in Port-au-Prince. Ambassador Swing and his team were confident that Haiti's chances for success were good despite the difficulties. Ambassador Swing's commitment and dedication were manifest in his willingness to give us as much time out his busy schedule as we needed. And his efforts to have us meet with U.N. Special Representative, Ambassador Ter Horst, Haitian Parliamentarians, and especially President Preval, were more than we expected. Ambassador Swing has been in Haiti longer than a normal posting but his presence, his expertise, his dedication and his relationship with the Haitian leadership are invaluable during these critical times. We also want to acknowledge Political Counselor Sue Ford Patrick for all the work she did in getting us to all of our meetings and for providing valuable insights to conditions in the country. And finally, we wish to commend Colonel Stull, Commander of the U.S. Support Group, and his troops for the fine work they are doing in Haiti. The dedicated men and women of our Marine, Navy and Army contingents there are providing important humanitarian and civic assistance projects in addition to their normal security mission. Their mission in Haiti is often overlooked, and sometimes even questioned, but their presence is invaluable and a credit to their respective services. key individuals staffdel met with while in haiti Government of Haiti: Mr. Rene Preval, President; Mr. Leslie Delatour, Central Bank Governor; Mr. Robert Manuel, Secretary of State for State Security; Mr. Pierre Denize, Director General, Haitian National Police; and Mr. Jean August Brutus, HNP Commissaire. Legislative branch: Mr. Macdonald Jean, Senator; Mr. Jean Robert Sabalat, Senator; Mr. Alix Fils-Aime, Deputy; and Mr. St. Juste Momprevil, Deputy. Representatives of the Council on Modernization of Public Enterprises (CMEP). Representatives of the Haitian Private Sector. United Nations: Ambassador Enrique Ter Horst, Special Representative to the Secretary General; and General Pierre Daigle, Commander, U.N. Support Mission on Haiti. Representatives of the International Donor Group including the World Bank, International Monetary Fund, and the Inter- American Development Bank. Representatives of other Organizations in Haiti including: Adventist Relief and Development Agency; International Republican Institute; National Democratic Institute; and Inter-American Foundation. United States Support Group: Colonel Stull, Commander.